North Carolina Laws require the NC Division of Motor Vehicles to revoke an underage person’s license as required by G.S. 20-17.3 for violating various provisions of the alcoholic beverage regulations including aiding and abetting and attempting to violate certain regulations.  However, there are ways to legally avoid the revocation of your license if you are accused of violating these regulations.  Call Collins Law Firm for a consultation if you have any questions or need legal representation at:  910-793-9000.

Selected relevant statutes include:

North Carolina Statutes, Chapter 20. Motor Vehicles, § 20-17.3. Revocation for underage purchasers of alcohol

The Division shall revoke for one year the driver’s license of any person who has been convicted of violating any of the following:  (1) G.S. 18B-302(c), (e), or (f):  (2) G.S. 18B-302(b), if the violation occurred while the person was purchasing or attempting to purchase an alcoholic beverage; (3) G.S. 18B-302(a1).

If the person’s license is currently suspended or revoked, then the revocation under this section shall begin at the termination of that revocation. A person whose license is revoked under this section for a violation of G.S. 18B-302(a1) or G.S. 18B-302(c) shall be eligible for a limited driving privilege under G.S. 20-179.3.

North Carolina Statutes, Chapter 18B. Regulation of Alcoholic Beverages, Article 3. Sale, Possession, and Consumption, 18B-302. Sale to or purchase by underage persons

(a) Sale. – It shall be unlawful for any person to: (1) Sell malt beverages or unfortified wine to anyone less than 21 years old; or (2) Sell fortified wine, spirituous liquor, or mixed beverages to anyone less than 21 years old.

(a1) Give. – It shall be unlawful for any person to: (1) Give malt beverages or unfortified wine to anyone less than 21 years old; or (2) Give fortified wine, spirituous liquor, or mixed beverages to anyone less than 21 years old.

(b) Purchase, Possession, or Consumption. – It shall be unlawful for: (1) A person less than 21 years old to purchase, to attempt to purchase, or to possess malt beverages or unfortified wine; or (2) A person less than 21 years old to purchase, to attempt to purchase, or to possess fortified wine, spirituous liquor, or mixed beverages; or (3) A person less than 21 years old to consume any alcoholic beverage.

(c) Aider and Abettor. (1) By Underage Person. – Any person who is under the lawful age to purchase and who aids or abets another in violation of subsection (a), (a1), or (b) of this section shall be guilty of a Class 2 misdemeanor. (2) By Person over Lawful Age. – Any person who is over the lawful age to purchase and who aids or abets another in violation of subsection (a), (a1), or (b) of this section shall be guilty of a Class 1 misdemeanor.

(d) Defense. – It shall be a defense to a violation of subsection (a) of this section if the seller: (1) Shows that the purchaser produced a driver’s license, a special identification card issued under G.S. 20-37.7, a military identification card, or a passport, showing his age to be at least the required age for purchase and bearing a physical description of the person named on the card reasonably describing the purchaser; or (2) Produces evidence of other facts that reasonably indicated at the time of sale that the purchaser was at least the required age. (3) Shows that at the time of purchase, the purchaser utilized a biometric identification system that demonstrated (i) the purchaser’s age to be at least the required age for the purchase and (ii) the purchaser had previously registered with the seller or seller’s agent a drivers license, a special identification card issued under G.S. 20-377.7, a military identification card, or a passport showing the purchaser’s date of birth and bearing a physical description of the person named on the document.

(e) Fraudulent Use of Identification. – It shall be unlawful for any person to enter or attempt to enter a place where alcoholic beverages are sold or consumed, or to obtain or attempt to obtain alcoholic beverages, or to obtain or attempt to obtain permission to purchase alcoholic beverages, in violation of subsection (b) of this section, by using or attempting to use any of the following: (1) A fraudulent or altered drivers license. (2) A fraudulent or altered identification document other than a drivers license.

(3) A drivers license issued to another person. (4) An identification document other than a drivers license issued to another person. (5) Any other form or means of identification that indicates or symbolizes that the person is not prohibited from purchasing or possessing alcoholic beverages under this section.

(f) Allowing Use of Identification. – It shall be unlawful for any person to permit the use of the person’s drivers license or any other form of identification of any kind issued or given to the person by any other person who violates or attempts to violate subsection (b) of this section.

(g) Conviction Report Sent to Division of Motor Vehicles. – The court shall file a conviction report with the Division of Motor Vehicles indicating the name of the person convicted and any other information requested by the Division if the person is convicted of any of the following: (1) A violation of subsection (e) or (f) of this section. (2) A violation of subsection (c) of this section. (3) A violation of subsection (b) of this section, if the violation occurred while the person was purchasing or attempting to purchase an alcoholic beverage. (4) A violation of subsection (a1) of this section. Upon receipt of a conviction report, the Division shall revoke the person’s license as required by G.S. 20-17.3.

(h) Handling in Course of Employment. – Nothing in this section shall be construed to prohibit an underage person from selling, transporting, possessing or dispensing alcoholic beverages in the course of employment, if the employment of the person for that purpose is lawful under applicable youth employment statutes and Commission rules.

(i) Purchase, Possession, or Consumption by 19 or 20-Year Old. – A violation of subdivision (b)(1) or (b)(3) of this section by a person who is 19 or 20 years old is a Class 3 misdemeanor.

(j) Notwithstanding any other provisions of law, a law enforcement officer may require any person the officer has probable cause to believe is under age 21 and has consumed alcohol to submit to an alcohol screening test using a device approved by the Department of Health and Human Services. The results of any screening device administered in accordance with the rules of the Department of Health and Human Services shall be admissible in any court or administrative proceeding. A refusal to submit to an alcohol screening test shall be admissible in any court or administrative proceeding.

(k) Notwithstanding the provisions in this section, it shall not be unlawful for a person less than 21 years old to consume unfortified wine or fortified wine during participation in an exempted activity under G.S. 18B-103(4), (8), or (11).

On Friday, January 6, 2012 after a months long investigation by the New Hanover County Sheriff’s Office (hereinafter NHSO), Vice and Narcotics Detectives seized the largest amount of heroin in NHSO history, and arrested Tierre Henderson.

The raid lead to the discovery of 300 small paper bags of heroin stamped “Breaking Dawn” and “Dream Catcher” which have a street value of more than $9,000, and diverse drug paraphernalia.

The  accused drug trafficker Tierre Henderson is now held in New Hanover County Detention Facility for four counts of possession with the intent to manufacture, sell, or deliver heroin, two counts of sale or delivery of heroin, two counts of conspiracy to trafficking in opium/heroin, four counts of  maintaining a dwelling, vehicle, or other place for the use, storage, or sale of a controlled substance, manufacture of heroin, four counts of trafficking in opium/heroin, and five counts of possession of drug paraphernalia.  He is held under a $2.5 million bond.  His next court appearance is schedule in New Hanover County District Court in Wilmington, North Carolina on January 19, 2012.

The investigation of Tierre Henderson also lead the Vice and Narcotics Detectives to Chrissy Joy Sinclair in her residence in Holly Ridge, where—with the assistance of the Holly Ridge Police Department—5.5 ounces of pure uncut heroin was seized which would produce over 15,000 bags of heroin on the streets of New Hanover County, along with drug paraphernalia, and $60,000 cash.

Chrissy Joy Sinclair is being held in the New Hanover County Detention Facility under a $1 million bond.  She is charged with five counts of conspiracy to trafficking in opium/heroin, two counts of maintaining a dwelling, vehicle, or other place for the use, storage, or sale of a controlled substance, and possession of drug paraphernalia.  Her next court appearance is schedule in New Hanover County District Court in Wilmington, North Carolina on January 26, 2012.

By Jana Collins, Office Manager

It is prom season here in Southeastern North Carolina. Teenagers at high schools in New Hanover, Brunswick, and Pender Counties will soon be dancing the night away at their junior and senior proms in celebration of yet another school year coming to a close.  However, prom has become a time that some underage high school students are likely to excessively drink.  This has led to an increase in underage drinking charges, teenagers using fraudulent driver’s licenses, and DUI/DWI’s.  Additionally, underage individuals will attempt to have a family member or friend who is older than 21 purchase alcohol for them.  North Carolina is taking steps to make it more difficult for underage individuals to get their hands on alcohol, and has introduced a vertical driver’s license for anyone under the age of 21.  Moreover, North Carolina driver’s licenses have a hologram on them, which is a security feature that makes it more difficult to copy.  In a lot of cases underage drinkers try to get around that by obtaining fake IDs from out of state.

Before you consider drinking for your prom or buying alcohol for a friend it is important to know the laws of the State of North Carolina.  Convictions of the laws concerning the sale, possession, and consumption of alcoholic beverages outlined in N.C.G.S. Chapter 18B named “Regulation of Alcoholic Beverages,” will lead to a punishment of a class one (maximum of 120 days in jail) or class two misdemeanor (maximum of 60 days in jail).  Furthermore, it is possible that a conviction will lead to your driver’s license being revoked for one year.

N.C.G.S Chapter 18B states that it is unlawful for a person under the age of 21  to buy, attempt to buy, or to possess fortified wine, spirituous liquor, or mixed beverages. It is unlawful for a person under 21 to consume any alcoholic beverage.  If you are underage and you purchase alcohol for another person you shall be guilty of a Class 2 misdemeanor.  If you are over 21 and purchase alcohol for someone that is younger than 21 you can be guilty of a Class 1 misdemeanor.  Additionally it is unlawful to use a fraudulent or fake drivers license or other identification document to purchase alcoholic beverages.  Further, any person who permits the use of their driver’s license will be held accountable.

However, just because you have been charged with underage drinking or any violation of the NC alcohol laws, or any law, does not necessarily mean you will be convicted.  Collins Law Firm has represented many people charged with violating the laws concerning the sale, possession, and consumption of alcohol.  In most cases, especially for first time offenders, we have been able to prevent convictions.  Presently, in most cases for first time offenders, even if there is no solid defense, we are able to negotiate an agreement with the district attorney’s office to have the charges dismissed after the defendant completes a certain number of hours of volunteer service, or completing a class about alcohol and the laws regarding alcohol, or other requirements, or a combination thereof. When there is a solid defense, we normally are able to have the charges dismissed without our clients having to perform any volunteer service or complete classes.

If you have been charged with underage drinking, a DWI / DUI, or any other crime in or around Wilmington, NC in New Hanover County, Brunswick County (Bolivia, NC), or Pender County (Burgaw, NC) and need a lawyer or attorney to represent you call Collins Law Firm at: 910-793-9000 for a confidential consultation.

In North Carolina, laws concerning the sale, possession, and consumption of alcoholic beverages are contained in N.C.G.S. Chapter 18B entitled “Regulation of Alcoholic Beverages.” (§§ 18B-100 – 18B-1308) and (§§ 18B-300 – 18B-399).  Convictions for most violations of these provisions are subject to punishment for either a class one misdemeanor (punishable by a maximum of 120 days in jail) or a class two misdemeanor (punishable by a maximum of 60 days in jail).  Further, a conviction for a violation of 18B-302(c), (e), or (f) will result in the person’s NC drivers license being revoked for one year.  See N.C.G.S. § 20-17.3 entitled “Revocation for Underage Purchasers of Alcohol.”

Section 18B-302 provides that “the court shall file a conviction report with the Division of Motor Vehicles indicating the name of the person convicted and any other information requested by the Division if the person is convicted of any of the following: (1) A violation of subsection (e) or (f) of this section. (2) A violation of subsection (c) of this section. (3) A violation of subsection (b) of this section, if the violation occurred while the person was purchasing or attempting to purchase an alcoholic beverage. (4) A violation of subsection (a1) of this section. Upon receipt of a conviction report, the Division shall revoke the person’s license as required by G.S. 20-17.3.”

The relevant portions of the statutes prohibiting certain conduct are contained in § 18B-302 entitled “Sale to or purchase by underage persons,” which provide as follows:

(a) Sale. – It shall be unlawful for any person to: (1) Sell malt beverages or unfortified wine to anyone less than 21 years old; or (2) Sell fortified wine, spirituous liquor, or mixed beverages to anyone less than 21 years old. (a1) Give. – It shall be unlawful for any person to: (1) Give malt beverages or unfortified wine to anyone less than 21 years old; or (2) Give fortified wine, spirituous liquor, or mixed beverages to anyone less than 21 years old. (b) Purchase, Possession, or Consumption. – It shall be unlawful for: (1) A person less than 21 years old to purchase, to attempt to purchase, or to possess malt beverages or unfortified wine; or (2) A person less than 21 years old to purchase, to attempt to purchase, or to possess fortified wine, spirituous liquor, or mixed beverages; or (3) A person less than 21 years old to consume any alcoholic beverage. (c) Aider and Abettor. (1) By Underage Person. – Any person who is under the lawful age to purchase and who aids or abets another in violation of subsection (a), (a1), or (b) of this section shall be guilty of a Class 2 misdemeanor. (2) By Person over Lawful Age. – Any person who is over the lawful age to purchase and who aids or abets another in violation of subsection (a), (a1), or (b) of this section shall be guilty of a Class 1 misdemeanor.  (e) Fraudulent Use of Identification. – It shall be unlawful for any person to enter or attempt to enter a place where alcoholic beverages are sold or consumed, or to obtain or attempt to obtain alcoholic beverages, or to obtain or attempt to obtain permission to purchase alcoholic beverages, in violation of subsection (b) of this section, by using or attempting to use any of the following: (1) A fraudulent or altered drivers license. (2) A fraudulent or altered identification document other than a drivers license. (3) A drivers license issued to another person. (4) An identification document other than a drivers license issued to another person. (5) Any other form or means of identification that indicates or symbolizes that the person is not prohibited from purchasing or possessing alcoholic beverages under this section. (f) Allowing Use of Identification. – It shall be unlawful for any person to permit the use of the person’s drivers license or any other form of identification of any kind issued or given to the person by any other person who violates or attempts to violate subsection (b) of this section.

However, just because you have been charged with underage drinking or any violation of the NC alcohol laws, or any law, doesn’t necessarily mean you will be convicted.  Collins Law Firm has represented hundreds of people charged with violating the laws regarding the sale, possession, and consumption of alcohol since 1998, and in most cases, especially for first time offenders, we have been able to avoid convictions.  Currently, in most cases for first time offenders, even if there is no solid defense, we are able to negotiate an agreement with law enforcement officer and the district attorney’s office to have the charges dismissed after the defendant completes a certain number of hours of volunteer service, or completing an class about alcohol and the laws regarding alcohol, or other requirements, or a combination thereof. In most cases where there is a solid defense, we are able to have the charges dismissed without our clients having to perform any community service or complete classes.

If you have been charged with any crime in Southeastern North Carolina, in or around Wilmington NC in New Hanover County, Brunswick County, or Pender County, and need a lawyer or attorney to represent you, call us for a confidential consultation at:  910-793-9000.